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Luaitear in Airteagal 1 den doiciméad sin: “The present measures are set out in accordance with the Chinese Law on Science and Technology Progress, in order (…) to further strengthen the key position of enterprises in technological innovation (…).” De réir Airteagal 3 den doiciméad céanna: “The State encourages and supports enterprises building Technology Centres, involves enterprises in technological innovation as key players and builds a comprehensive institutional mechanism for industry technology and R&D led by enterprises. (…) the State (…) grants policy support, as well as encourages and guides backbone enterprises to raise their capacity to drive industry technology progress and innovation.” Ar bhonn na n-eilimintí sin go léir, a chuireann le torthaí na bhfóirdheontas a deonaíodh do Haomei Group, mar a mhionsonraítear in aithris (103) den Rialachán sealadach, is léir gur bhain an chuideachta tairbhe as beartais fhabhracha, rochtain ar airgeadas agus ar fhóirdheontais, a thagann go salach ar éilimh na cuideachta nach raibh tionchar ag na heilimintí iomchuí lenar cruthaíodh an saobhadh suntasach uirthi.
Article 1 of that document states: ‘The present measures are set out in accordance with the Chinese Law on Science and Technology Progress, in order […] to further strengthen the key position of enterprises in technological innovation […].’ According to Article 3 of the same document: ‘The State encourages and supports enterprises building Technology Centres, involves enterprises in technological innovation as key players and builds a comprehensive institutional mechanism for industry technology and R & D led by enterprises. […] the State […] grants policy support, as well as encourages and guides backbone enterprises to raise their capacity to drive industry technology progress and innovation.’ On the basis of all these elements, which supplement the findings of subsidies granted to Haomei Group as detailed at recital (103) of the provisional Regulation, it is clear that the company benefited from preferential policies, access to finance and subsidies, which all contradict the company’s claims of not being affected by the relevant elements proving the significant distortions.